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Half a million aliens a year enter as visitors and never leave and neither candidate has a solution to that problem.

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Congress asked the Department of Homeland Security (DHS) and its predecessor, the Immigration and Naturalization Service, for more than 20 years for a report on how many nonimmigrant alien visitors have overstayed their admission periods. DHS finally produced a report this year. It includes overstays who entered the United States as nonimmigrant visitors for business or pleasure through an air or sea Port of Entry in FY2015. DHS determined that 527,127 of them remained here when their admission periods expired. To put that number into perspective, the Border Patrol only apprehended 331,333 aliens making illegal entries on the Mexican border in FY2015.

The report does not include nonimmigrant visitors for business or pleasure who entered at a land Port of Entry on the Mexican or Canadian borders, or nonimmigrant visitors who have other classifications, such as foreign government officials, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, intracompany transferees, NATO officials, or religious workers.

Terrorists have come into the United States as nonimmigrant visitors. In her opening statement at a hearing on overstays, Martha McSally, Chairwoman of the House Border and Maritime Security Subcommittee, noted the following examples of terrorists who were overstays:


  • Mahmud Abouhalima, an Egyptian convicted of the 1993 World Trade Center bombing, worked illegally in the U.S. as a cab driver after his tourist visa had expired;
  • At least four of the 9/11 hijackers were nonimmigrant visitors who had overstayed their visas or had violated the terms of their visitor status;
  • More recently, Amine el-Khalifi attempted to conduct a suicide attack on the U.S. Capitol in 2012. He entered the United States in 1999 on a tourist visa and never left; and
  • A man who had returned to the United States despite being out of status on his student visa as an overstay, was arrested in the aftermath of the Boston Marathon bombing for helping to destroy evidence.


The report also finds that 153,166 of the overstays came from a Visa Waiver Program (VWP) country, which includes a number of European countries. Terrorist attacks in Europe have raised concern about the possibility that terrorists will use the VWP to come to the United States. Congress responded to that concern by passing the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, which placed additional restrictions on eligibility for travel to the U.S. without a visa under the VWP. It excludes aliens who have been present, at any time on or after March 1, 2011, (I) in Iraq or Syria; (II) in a country that is designated by the Secretary of State as a country, the government of which has repeatedly provided support for acts of international terrorism; or (III) in any other country or area of concern designated by the DHS Secretary. DHS has added three countries – Libya, Yemen, and Somalia.

The Visa Waiver Improvement and Terrorist Prevention Act is not going to prevent terrorists from using the VWP to come here without visas. ISIS and other terrorist organizations have or can recruit citizens of VWP countries who will not be excluded by that Act. The door is still wide open.

A new Administration will address the overstay problem in a few months, but I am not optimistic about the likelihood that either of the candidates for the presidency will be able to solve that problem.

According to Donald Trump, “If we don’t enforce visa expiration dates, then we have an open border – it’s as simple as that.” He addresses this problem in Point 8 of his 10-Point Plan to Put America First. He promises to ensure that a biometric entry-exit visa tracking system is fully implemented at all land, air, and sea ports. He also has promised to make individuals who refuse to leave at the time their visa expires subject to criminal penalties.

A fully implemented entry-exit tracking system would make it possible to compile lists of overstays, and this would be useful for determining whether VWP countries should be allowed to remain in the program. The system, however, would not tell ICE where the overstays are located; and if ICE cannot find them, it cannot arrest them and put them in removal proceedings. From an enforcement standpoint, it would be more productive to concentrate on making the Visa Waiver Program more secure. For suggestions, see my article, “Is the Visa Waiver Program as secure as it is supposed to be?” Trump’s other idea is not any better. Aliens who enter without inspection have been subject to criminal penalties for many years now, and I have not heard anyone claim that it has been an effective deterrent to such entries.

Hillary Clinton’s immigration policies would make this situation even worse by completely removing the possibility that an alien who overstays would be deported. She has promised to focus enforcement resources on detaining and deporting individuals who pose a violent threat to public safety. At a Democratic Presidential Debate on March 9, 2016, she said that if she is elected, she will not deport any undocumented alien children and she will only deport undocumented adult aliens who have criminal records. This would attract aliens from the VWP countries who would like to live and work in the United States but are not eligible for Lawful Permanent Resident status. They could come here freely with an online computer registration certificate and a passport without being concerned about deportation for overstaying. The same would be true of the other groups of nonimmigrant visitors. They all would be free to remain in the United States with impunity when their authorized periods of admission end.



This article was published originally on Huffington Post.
http://www.huffingtonpost.com/entry/...=1477887832457

About the Author
Nolan Rappaport was detailed to the House Judiciary Committee as an Executive Branch Immigration Law Expert for three years; he subsequently served as the immigration counsel for the Subcommittee on Immigration, Border Security, and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for twenty years. He also has been a policy advisor for the DHS Office of Information Sharing and Collaboration under a contract with TKC Communications, and he has been in private practice as an immigration lawyer at Steptoe & Johnson.


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Updated 10-31-2016 at 05:55 PM by ImmigrationLawBlogs

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Comments

  1. Felpone's Avatar
    What's all the uproar?

    America will need in the next two decades a massive influx of migrants to help paying the already astronomical costs related to the care of senior citizens, retirees, babyboomers, the disabled and pensioners (about 130+ million people)...as of today the ratio of able-body workers contributing towards the Social Security check of one retiree is approximately 1.5:1 and keeps decreasing by the day.

    The blame must be placed on America's failed generation, the so-called "babyboomers," a generation known for experimenting with all types of drugs during the mid 60s, engaged in promiscuous sexual behaviour and living like there was no tomorrow (now these people try to deflect any moral responsbility towards society by blaming immigrants for all the problems happenning in this country).

    Additionally, Social Security funds are to be depleted by the beginning of the next decade if drastically changes are not implemented before.

    The author of this article should perform a mea culpa for those undesirables (the babyboomers) since these people never figured out that one day they will retire and that their transfer payments will depend on the contributions of others.

    During the 2020 presidential campaign shouldn't be a surprise to witness slogans that will read "BLAME THE BABYBOOMERS!"
  2. Retired INS's Avatar
    Quote Originally Posted by Felpone
    What's all the uproar?

    America will need in the next two decades a massive influx of migrants to help paying the already astronomical costs related to the care of senior citizens, retirees, babyboomers, the disabled and pensioners (about 130+ million people)...as of today the ratio of able-body workers contributing towards the Social Security check of one retiree is approximately 1.5:1 and keeps decreasing by the day.

    The blame must be placed on America's failed generation, the so-called "babyboomers," a generation known for experimenting with all types of drugs during the mid 60s, engaged in promiscuous sexual behaviour and living like there was no tomorrow (now these people try to deflect any moral responsbility towards society by blaming immigrants for all the problems happenning in this country).

    Additionally, Social Security funds are to be depleted by the beginning of the next decade if drastically changes are not implemented before.

    The author of this article should perform a mea culpa for those undesirables (the babyboomers) since these people never figured out that one day they will retire and that their transfer payments will depend on the contributions of others.

    During the 2020 presidential campaign shouldn't be a surprise to witness slogans that will read "BLAME THE BABYBOOMERS!"

    Your assumption that those who overstay are workers may not be 100% true. I was an immigration officer for 39 years and worked both INS enforcement and immigration benefits. Many of the overstays will never work. For example, the parents of naturalized citizens who come here in their 60s and never go back to Germany, Italy, or whatever other country they came from. Their citizen children can get them a green card and they will soon be on benefits, and not contributing toward benefits. I don't mention Mexicans since they usually cross at land border ports of entry and there is no way to know if they leave when their period of authorized stay expires. Some of the overstays are foreign students who prefer to stay here. They will probably work and contribute, as you suggest. I could give lots of examples, but the point is - we really don't know much about those who overstay their welcome.
  3. ImmigrationLawBlogs's Avatar
    Nolan is right in pointing out that not even Donald Trump has an effective proposal for dealing with all the overstays. So here is my proposal - put ankle bracelets on all NIV entrants to the US so we will know where they are at all times, and if they fail to leave on time, arrest them and send them to Guantanamo (as Trump has proposed doing with US citizens charged with "terrorism", which is a very broad word and can mean almost anything).

    Yup, ankle bracelets and Guantanamo - that'll solve our problem and larn all those overstays a thing or two.

    I know that Nolan would certainly never support any such proposal, but maybe Donald Trump might. It would not be so far out of line with other proposals he has made.

    Roger Algase
    Attorney at Law


    Updated 10-31-2016 at 10:16 PM by ImmigrationLawBlogs
  4. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    Nolan is right in pointing out that not even Donald Trump has an effective proposal for dealing with all the overstays. So here is my proposal - put ankle bracelets on all NIV entrants to the US so we will know where they are at all times, and if they fail to leave on time, arrest them and send them to Guantanamo (as Trump has proposed doing with US citizens charged with "terrorism", which is a very broad word and can mean almost anything).

    Yup, ankle bracelets and Guantanamo - that'll solve our problem and larn all those overstays a thing or two.

    I know that Nolan would certainly never support any such proposal, but maybe Donald Trump might. It would not be so far out of line with other proposals he has made.

    Roger Algase
    Attorney at Law
    Why is it a joke that half a million or more aliens a year come here as visitors and don't go home when their admission periods expire? What's funny about that?

    Nolan Rappaport
    Updated 11-01-2016 at 06:35 PM by ImmigrationLawBlogs
  5. ImmigrationLawBlogs's Avatar
    There is certainly nothing funny about Donald Trump's campaign, which is blaming both legal and illegal immigrants for many, if not all of, the problems of America, and advocating (as he did in his August 31 Phoenix speech - check the transcript) that legal immigration should be brought back down to "historical" levels - which would mean a major reduction in immigration from Latin America, Asia and other non-white parts of the world.

    I would also count Donald Trump's statement that he would be "fine" with sending US citizens to Guantanamo and that he would support torture a "helluva" lot worse than waterboarding (which is also torture, despite the tortured reasoning of one or two G.W. Bush administration officials who tried to argue that it was not in the notorious "torture" memos) as among the decidedly unfunny parts of this presidential campaign.

    Roger Algase
    Attorney at Law
    Updated 11-01-2016 at 05:35 AM by ImmigrationLawBlogs
  6. ImmigrationLawBlogs's Avatar
    For anyone who is interested in what is really at stake in this election, and with all due respect to Nolan Rappaport, who has a well-deserved reputation as one of this country's great immigration law scholars, I suggest looking beyond the fact that seven out of the half million "aliens" who have allegedly overstayed their visas were, as Nolan mentions, involved in dangerous activities - not a very high percentage, according to my admittedly very limited knowledge of statistics - especially since only three of the individuals whom Nolan mentions above have allegedly been involved in terrorist related activities within in the past 15 years! and focusing on the real issue, which is whether the rule of law in America will survive this election.

    In this connection, I recommend an October 31 article in Slate by Yale Law Professor and legal author Akhil Reed Amar called:

    Comey is a Constitutional Lightweight, and Donald Trump Remains the Only Scandal Worth Talking About: Together they're trashing not just Hillary Clinton but the rule of law

    The article can be easily accessed by going to slate.com

    I will also provide a direct link as soon as I can find it.

    Roger Algase
    Attorney at Law


    Updated 11-01-2016 at 01:47 PM by ImmigrationLawBlogs
  7. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    There is certainly nothing funny about Donald Trump's campaign, which is blaming both legal and illegal immigrants for many, if not all of, the problems of America, and advocating (as he did in his August 31 Phoenix speech - check the transcript) that legal immigration should be brought back down to "historical" levels - which would mean a major reduction in immigration from Latin America, Asia and other non-white parts of the world.

    I would also count Donald Trump's statement that he would be "fine" with sending US citizens to Guantanamo and that he would support torture a "helluva" lot worse than waterboarding (which is also torture, despite the tortured reasoning of one or two G.W. Bush administration officials who tried to argue that it was not in the notorious "torture" memos) as among the decidedly unfunny parts of this presidential campaign.

    Roger Algase
    Attorney at Law
    What does this have to do with my article on overstays?

    Nolan Rappaport
    Updated 11-01-2016 at 06:34 PM by ImmigrationLawBlogs
  8. ImmigrationLawBlogs's Avatar
    For anyone who is interested in what is really at stake in this election,


    My article is about overstays, not the election.

    I suggest looking beyond the fact that seven out of the half million "aliens" who have allegedly overstayed their visas were, as Nolan mentions, involved in dangerous activities - not a very high percentage, according to my admittedly very limited knowledge of statistics - especially since only three of the individuals whom Nolan mentions above have allegedly been involved in terrorist related activities within in the past 15 years! and focusing on the real issue, which is whether the rule of law in America will survive this election.

    Whether the rule of law will survive the election? Again, what does this have to do with my article?

    Nolan Rappaport
    Updated 11-01-2016 at 06:34 PM by ImmigrationLawBlogs
  9. ImmigrationLawBlogs's Avatar
    The last time I looked at the news reports, immigration is a major election issue. One of the two major party candidates is using fear and hatred of immigrants as a central part of his campaign. He is also making promises, not only to take draconian measures against unauthorized immigrants, but to impose drastic cuts in legal immigration (back to "historical" levels, whatever that means - look at Trump's August 31 Phoenix immigration speech).

    Trump is also warning, according to a report in The Hill cited in an update to my own October 31 Immigration Daily comment about immigration and national security, that Hillary Clinton, whom he has previously accused of being a "founder" and an "MVP" of ISIS, and threatened (in a televised presidential debate) to lock up and (in his same Phoenix immigration address - read the transcript) to "deport", may allegedly be planning to "triple" the size of America's population by admitting up to 650 million immigrants in one week!

    Whatever the mentally balanced implications of claims such as the above by this presidential candidate, who is, arguably, the most public of all public figures in the entire world today, implications which are beyond the scope of this blog and which I am not professionally qualified to comment on, it is clear that immigration is front and center as an issue in this campaign.

    It is also clear, from the same Republican candidate's authoritarian agenda, a subject which my October 31 immigration Daily post also introduces by raising the issue of Trump's commitment to the Constitution, which I will continue to examine in future posts as long as free discussion is still permitted by law in this country (which may also be in doubt if Trump wins the election), that the survival of our democracy itself may also hang in the balance on November 8.

    This is not to say that Nolan Rappaport was necessarily concerned with or intended to discuss these larger consequences of immigration policy in his article about whatever dangers to America may be implied from the fact that exactly three of the half million "aliens" who have allegedly overstayed visitor status may have been suspected of terrorist activity within the past 15 years.

    Yes, three people out of a half million can still pose a threat and do a lot of damage, just as two foreign born terrorists (who were not visa overstays but were here legally) did recently at the Boston Marathon.

    Without doubt, we must be vigilant and I commend and agree with Nolan about that. But given the current election picture and the importance of immigration policy to that picture, Nolan's article very arguably has a connection to larger issues, whether he intended them or not, than just the question of how many individuals whom he quite accurately, (based on the legal definition), and at the same time pejoratively, (given the political one), chooses to refer to as "aliens", may have overstayed.

    Roger Algase
    Attorney at Law
    Updated 11-02-2016 at 04:33 AM by ImmigrationLawBlogs
  10. ImmigrationLawBlogs's Avatar
    Comments about the immigration positions of the candidates belong in ILW.com. Comments about the election or the candidates that do not pertain to immigration issues should not be posted on ILW.com. And once again, the fact that some terrorists have been overstays is not the only reason why something should be done about overstays.

    Roger, are you opposed to border security? Do you want an open border? Aliens entering the US as visitors and never leaving has become more of a problem than illegal entries across the Mexican border.
  11. ImmigrationLawBlogs's Avatar
    Roger acknowledges the technical correctness of the term "alien" but nevertheless objects to using it because it also has pejorative meanings.

    I have a concern too. According to the Oxford dictionary, the name "Roger" has several offensive meanings. Consequently, we should stop using Mr. Algase's current first name. I am sure though that he will choose a more suitable one now that he knows the one his parents gave him has a perjorative meaning.


    verb

    [WITH OBJECT]British
    vulgar slang

    • (of a man) have sexual intercourse with.

    Origin

    Mid 16th century: from the given name Roger. The verb (dating from the early 18th century) is from an obsolete noun sense ‘*****’.

    https://en.oxforddictionaries.com/definition/roger




  12. ImmigrationLawBlogs's Avatar
    I will advise Trump supporters Roger Stone and Roger Ailes to change their first names too. I will also request Mr. Rappaport to refer to me as "Mr. Algase" from now on, as well as to cease using the term "aliens", which has a widely understood pejorative meaning among immigration opponents now, in the 21st century, anno 2016 AD, and which should long ago have been eliminated from our immigration laws.

    R. Algase
    Attorney at Law
  13. ImmigrationLawBlogs's Avatar
    I will stop using the term "alien" when it is no longer used in the Immigration and Nationality Act. Until then, I will ignore the Orwellian attempt to replace that term with words which indicate that the only difference between aliens here in violation of our law and lawful residents is that the aliens violating our laws don't have proper documents yet. I think former president Jimmy Carter is the source of the "undocumented immigrant" concept. I am surprised that he is your champion. I will give you a reading assignment this time. Why Jimmy Carter Really is an Anti-Semite. http://canadafreepress.com/article/w...n-anti-semite#

    Nolan Rappaport

    Updated 11-03-2016 at 09:20 PM by ImmigrationLawBlogs
  14. ImmigrationLawBlogs's Avatar
    Carter opposed some aspects of Israel's policy toward its Muslim Palestinian citizens. Israel's prime minister, Benjamin Netanyahu, has firmly rejected Trump's call for a ban on Muslim immigration based on religion. Does that make Netanyahu an anti-semite?

    If anyone is interested in going after the real anti-semites, one person to focus on is David Duke, former KKK leader and now an enthusiastic Trump supporter (whom Trump has finally disavowed). Many of the "white nationalists" who are supporting Trump because of his extreme immigration views are also neo-Nazis, i.e. anti-semites. Trump must be saying something that resonates with the white nationalists - to find out what that is, read Trump's August 31 Phoenix immigration address.

    By the way, many people may think that "white nationalist" is a sort of polite or euphemistic term, something which can be used without actually calling someone a Nazi. Anyone who thinks that might wish to brush up on his or her German.

    "Nazi" is the first four letters of the German word "Nazional" - directly related to "nationalist" in English.

    Roger Algase
    Atorney at Law
    Updated 11-02-2016 at 08:00 PM by ImmigrationLawBlogs
  15. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    Carter opposed some aspects of Israel's policy toward its Muslim Palestinian citizens. Israel's prime minister, Benjamin Netanyahu, has firmly rejected Trump's call for a ban on Muslim immigration based on religion. Does that make Netanyahu an anti-semite?

    If anyone is interested in going after the real anti-semites, one person to focus on is David Duke, former KKK leader and now an enthusiastic Trump supporter (whom Trump has finally disavowed). Many of the "white nationalists" who are supporting Trump because of his extreme immigration views are also neo-Nazis, i.e. anti-semites. Trump must be saying something that resonates with the white nationalists - to find out what that is, read Trump's August 31 Phoenix immigration address.

    By the way, many people may think that "white nationalist" is a sort of polite or euphemistic term, something which can be used without actually calling someone a Nazi. Anyone who thinks that might wish to brush up on his or her German.

    "Nazi" is the first four letters of the German word "Nazional" - directly related to "nationalist" in English.

    Roger Algase
    Atorney at Law
    I don't see any Trump condemnations in your comment. What happened? Did your urgent need to defend Carter put Trump out of your mind? I didn't think that was possible. I don't like Carter, but it has nothing to do with his attitude towards Jews. My friend Wayne and I spent two years writing decisions on the appeals that arose from the Cuban boat lift fines. For a while, the defense being raised was that the Cubans had been invited by Carter. When asked during a press conference what he intended to do about the Cubans being brought to the US in the boat lift, he said, "Continue to open them with open arms and an open heart." Wayne and I did extensive research on what Carter had said and done about the boat lift to decide what to do with that defense. We were not impressed by the way he handled the boat lift. I don't want to say how unimpressed I really was because I would have to go back and delete all references to my friend. I can't speak for him on this.

    We wrote a decision rejecting that defense. I don't remember our rationale, but I do remember that his words were contradicted by everything else that was going on when he said them. Ship owners bringing Cubans here were being fined $1,000 per Cuban and there are hundreds of Cubans on some of the ships. Many of the ship owners couldn't pay the fines, so their ships were seized and held at a marina where they rotted and became worthless. No one paying attention could have believed that the Cubans would be welcomed with open hears and open arms.

    I don't think the Cubans were sent back to Cuba. Castro had emptied out his prisons and insane asylums and forced the ship owners to take some number from those groups as a condition for releasing the relatives the ships had come for. He wouldn't take them back, and I don't think he would take anyone else back either. A lot of the criminals ended up in permanent detention when they were convicted of a crime and couldn't be returned to Cuba after they had served their sentences.

    Suffice to say that Carter made a mess of it.

    Nolan Rappaport
    Updated 11-03-2016 at 09:20 PM by ImmigrationLawBlogs
  16. ImmigrationLawBlogs's Avatar
    And Melania Trump also allegedly made mess of it, according to the latest story in the AP stating that new evidence of her having received approximately $20,000 in modeling fees while in the US as a visitor before she received an H-1B work visa has come to light.

    If this allegation (which is as yet unproven) turns out to be true, this might conceivably amount to something known as visa fraud - lying about one's intended activities in the US in order to get a visa or gain entrance into the United States.

    This consitutites a felony, much worse than merely overstaying a visa, which is only a civil immigration violation (and which Trump vowed to take strong action against in his August 31 immigration address in Arizona), and not a crime in and of itself.

    See:

    https://apnews.com/37dc7aef0ce44077930b7436be7bfd0d

    Roger Algase
    Attorney at Law
    Updated 11-05-2016 at 05:17 PM by ImmigrationLawBlogs
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